947 / 1042
L
j\
~
¡;roDnd or cnmpenfalion. Where Ihebill doc! ncShm
value in Ihe hlnds uf Ihe perCon dralVo upoo, il is pre·
{umed Ihat he is not -Ihe d!>\Ver's debcor, anJ eOIlCe·
quently he has reconrCe againft the drawer,
ex mandllto.
.
I~.
Bilis, when indorCed, are conlidered as fo m,ny
bags of mooey delivmd tOthe onerous iodorCee;
whic~
¡hcrefore carry right
10
Ihe centents, free of all burdens
¡hat do OOt appear on the bilis themCelves. Henee, a
receipt or diCcharge, by the original creditor, if granled
on a feparate paper, does not exempt the accepler from
fecond paymenl to the, indorfee ; heoce alCo, no ground
óf cnmpeoCation eompetent to the aceepler agaiofl the
original creditor can be pleaded againtl the indorCee:
But, if the debtor /hafl proye, by the oath ofthe indor·
fee, that he paid not the full value for the indorCation,
¡he indorCee:s ju!lIy confidered as but
á
name; aod there–
fore all exeeptions, receivable agaíofl ,the original credi·
,V.
9
2
5
l1. 11.c
privilr.ge.s
fuper:.dded lO bilis
by
(latute are,
lhal lho', by their form,
they
can have no elau!e of re.
~,lIratino,
yel, if d,dy prole(Jeo, they are reginrable \Vi th.
In
fix
momhs after thei r date in caCe of nOI aecep–
tanee, or in fix months after the termof payment iD Ihe
caCe of not paymcnt; which reginration is
mad~
lhe
roundalion of fU01mary diligence, c¡theragaiofllhe dr,wer
or indorfer in tht caCe of not aceeplanee, or acainn the
aeeepler in cafe of not payment. This is extended to
ioland bilis,
i. •.
bilis both draw" and made payable
iD
Seotland.
A
fler aceeptance, fummary diligence lies
a–
gain!l no other thao the aeeepler; lhe drawer and indor_
le, mutl be pudued by an ordinaryaétioD, It is ooly
the principal Cum in the bill, aod
iOlere~,
that can be
charged for fummarily : Tho exchange, wheo it is not
inelu~ed
in
II~e
draught, lhe re-exehaoge iocurred by
futrenng lhe bdl lO be prolelted aod returned; and Ihe
e¡¡.
penee of diligenee, mult all be recomed by aD ordinary
aaion
i
becauCe thefe are not liquid
dC~IS,
and
Co
mull
be previouOy confliluled,
lor, will be
Cuflain~d
againfl him.
.
1
s.
Bilis mufl be negotiatcd by the polTelTor, againfl
the perfon drawn upon, within a preciCe time, io order to
preCerve recQurfe againfl the drawer. lo bilis payable
Co
many days a(ler fight, ¡he creditor has a di(erelionary
power of fixing the paymenl Comewhat foooer or Imr,
as
his occafions /hall require. 'Bilis payable
00
a day
certaio, oeed not be preCented for accepunce till the day
of paymeot, becauCe that day cao neither be prolooged
nor /honened by the time of aceeptanee, For the
fame reaCon, the acceptanee of bilis, payable on a pre·
ciCe day, need not be dated: But, where a bill is dcawn
payable fo maoy dap after fight, it mufl; 'becauCe
there the term of payment depeDds
00
th~
date oflheac–
ceplanee.
18. Bilis, wheD drawn payable at any eonfiderable di–
Itanee of time afler date, are denied the privdeges
.oc'"
bilis
i
for bilis are iotended for'currency, and not to lie
as a fecurilY
i~ t~e
creditor's haDds. Bilis are not valid.
whiehappear
t X
Jade
lO be dODations
No extriofic
/ti.
pulatioD ought to be contained in a bill wbich deviates
from the pfoper Dature ofbills
f
benee, a bill to whieh
a
peDalty is adjeaed, or with a clauCe of intmll from the
date, is null. Inland precepts
dra~'n,
not for mooey lhe–
medium of mde, but for fungibles,
are
Dull, as wantin&,.
writer's came and witneITes.
Ir
is not an agreed POiDe.
whether promilTory notes,. WilhoU! writer.
and
w.itne(!es-"
unlcfsbolograph, are probative. This however is cenaio,
that they at no rate intitle to the privileges of I>ill,.
19.
As for the folemnities eITeOlial to deeds {¡goed il!
a
foreign couolry,' wheDthey come to receive execution
io' Scotland. it i, a general rule, tbat no laws ean be of
authorilY·beyond the
dominioo~
of the lawgíver. Hence,
in (IrianeCs, no deed, though p.,(eéled according to the
law of the place whereil is figoed; canhaveellea in anolher
eountry wheredítrerent Colemnities arerequired to adeedof
that Con. But this rigour is fti Cofteoed
ex (omita/t,
by tl,e
common conCent of IUtions, that all perfona! ohligations
granted according to Ihe law of that country where they
are figncd, are effeélual every where, whieh oblains eveo
in obligations la convey heritage, Convey,n, es them·
fél
ves,
of herilable fubjeéls, mll(l be perfcéted aecordiog
10 lhe lawof Ihe eountry where tbe heritage lies, aod from.
whieh it canDot be removed.
20.
A writing, while Ihe grant« kceps it uoder hi•.
16
~hough
bilis are, in flria lalV, due the 'ery day
~D
which they are made payable, and may therefore be
protefled on the day Ihereafter
i
yet there are three days
immediately foJlowing the day of paymrnt, called dayl
of grace, within any of ",hieh the creditor may protell
the bill: Hut ·ir he deJ ay
prot~ing
till the day after the
lall day of grace, he 10Ces his reeoorfe. Where a bill
is
protelled, either for not acceptance, or DOt payment,
Ihe difhono'ur m'ufl be Dotified tO the drawer or illdorCer,
within three pofts at farthell. This IIriélneCs of nego·
tialion is confined
10
Cueh bilis as may be protelled by the
polTelTor upon the third day of gnce: Where therefore
bilis are indorfed arter the days of grm are expired, the
¡odorCeee is Icft more al liberty., and does oot
Iofe
his
recoude, lhough he /houlJ not take ,a formal prote/Hor
DOt paymenl, if, ",ithin a re¡Cooable time, he /h.I,1give
the indoner nOlice of the aceepter's refufing to payo
Not only does the polT./for, who negleéls liria negolia.
rioo, 10Ce his reeourfe agaioll the drawer, where the
perfon drawo UpOD bccom<!J aCterwMds bankrupt, but
though he
n~ould
'continue folvent; for he may, in that
caC., ¡eeover paymeDt from the debtor, aod fo is not tO
be indulged io 3n uooecelTary proce(, .gllinll lhe dcawer,
which he has taci!ly renouneed
~y
his negligenee. Re.
courfe is preCaved againlt the
draw~r,
Ihough the bill,
(hould not be duly negotimd, if Ihe perCon dmvn UpOD
WlS
not his dcbtor; for there Ihe draIVer con qualify no
prejudice by the neglea of ddiAence, and he ought nOI
(O ha!'e dmvn on one who owcJ hi,u DOlhing.
OIVO power or bis docr's, has no force; it beeomes obli.
8.alOry, ooly afler it is delivered to the grantee himCelf,
or found in the handi of a third perfon. As to whieh
lall, the following rules are obCervcd. A deed found in
the h'¡nds of ooc, who is doer bo,h for Ihe granler and
p,ranlee, is preCuOled tO hare been PUt in his
h~ods
as
doer
fo~
the granlee. The prefumptioo is alCo for deli–
very, if the detd appms in Ihe hands of one IVho is a
llranger lO both. Where, decd is depofitedin lhe hands
of a thiro perCon, tbe lernl! of dcpolitation may be pro·
ved
by
the oalh of the depofi,ary, unlcCs wilere Ihey are
VOL.
11,
Numb, 65,
1.
t
J
o
A
reduced